Smalley, 60, a Republican, has refused requests from Yost and GOP officials to step down.

She has been charged with misspending public money for political purposes, a third-degree
felony. If convicted, she could face up to three years in prison. David E. Smalley, her husband,
pleaded not guilty to complicity to having an unlawful interest in a public contract, a
fourth-degree felony punishable by up to 18 months in prison.

Under rules set by the Supreme Court, the deliberations of the three-judge panel will be “closed
to the public and the records shall not be made available to the public for inspection or copying
until the special commission issues its written report or otherwise concludes its proceedings.”